Sri Darshan Srinivas vs Siri Productions on 17 July, 2026

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    Karnataka High Court

    Sri Darshan Srinivas vs Siri Productions on 17 July, 2026

    Author: Pradeep Singh Yerur

    Bench: Pradeep Singh Yerur

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                              HC-KAR                           NC: 2026:KHC:36677
                                                             MFA No. 4257 of 2026
    
    
    
                       CNR: KAHC010403232026
    
    
    
                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                 DATED THIS THE 17TH DAY OF JULY, 2026
                                                                                    R
                                                 BEFORE
                            THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                            MISCELLANEOUS FIRST APPEAL NO. 4257 OF 2026 (CPC-)
    
                       BETWEEN:
    
                       1.    SRI DARSHAN SRINIVAS
                             S/O LATE THOOGUDEEPA SRINIVAS
                             AGED ABOUT 47 YEARS,
                             NO.217, THOOGU DEEPA NILAYA
                             F-ROAD, IDEAL HOME TOWNSHIP
                             RAJARAJESHWARI NAGAR
                             BENGALURU
                             KARNATAKA - 560 098.
    
                       2.    SMT.VIJAYALAKSHMI DARSHAN,
                             W/O DARSHAN SRINIVAS
                             AGED ABOUT 43 YEARS,
                             NO.217, THOOGU DEEPA NILAYA
                             F-ROAD, IDEAL HOME TOWNSHIP
                             RAJARAJESHWARI NAGAR
                             BENGALURU, KARNATAKA - 560 098.
    Digitally signed                                                ...APPELLANTS
    by
    GAVRIBIDANUR
    SUBRAMANYA         (BY SRI.M.S.SHYAM SUNDAR., SENIOR COUNSEL FOR SRI.
    GUPTA
    SREENATH           PRATHAM N.,ADVOCATE)
    Location: HIGH
    COURT OF           AND:
    KARNATAKA
                       1.     SIRI PRODUCTIONS
                              (PROPRIETORSHIP CONCERN)
                              REP.BY ITS PROPRIETOR/PRODUCER
                              SRI. TANUSH S
                              NO.131, SRI RANGANATHA NILAYA
                              DASANAPURA, TUMKUR ROAD
                              BENGALURU -562 162.
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    2.   SRI. LAVA V
         DIRECTOR
         NO.131, SRI RANGANATHA NILAYA
         DASANAPURA
         TUMKUR ROAD
         BENGALURU 562 162.
    
    3.   CENTRAL BOARD OF FILM CERTIFICATION (CBFC),
         (UNION OF INDIA)
         THROUGH ITS REGIONAL OFFICER
         SHRI YASHWANT SHEHNAI
         KENDRIYA SADAN, 'D' WING
         4TH FLOOR, 17TH MAIN
         KORAMANGALA
         BENGALURU - 560 034.
    
    4.   KARNATAKA FILM CHAMBER OF COMMERCE (KFCC),
         THROUGH ITS PRESIDENT
         SRI. JAYAPRADHA,
         NO.28, 1ST MAIN ROAD
         CRESCENT ROAD, HIGH GROUNDS
         BENGALURU 560 001.
    
    5.   META PLATFORMS, INC. (FACEBOOK),
         THROUGH ITS AUTHORIZED SIGNATORY/GRIEVANCE
         OFFICER, INDIA OFFICE 15TH FLOOR
         WORLD TRADE CENTER
         BRIGADE GATEWAY
         MALLESHWARAM WEST
         BENGALURU - 560 055.
    6.   X CORP (FORMERLY TWITTER),
         THROUGH ITS AUTHORIZED SIGNATORY/GRIEVANCE
         OFFICER
         INDIA OFFICE, 9TH FLOOR
         WORLD TRADE CENTER
         BRIGADE GATEWAY
         MALLESHWARAM WEST
         BENGALURU - 560 055.
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    7.   GOOGLE LLC (YOUTUBE),
         THROUGH ITS RESIDENT GRIEVANCE OFFICER
         FOR YOUTUBE, SURAJ RAO
         UNIT NO.26, THE EXECUTIVE CENTRE
         LEVEL 8, DLF CENTRE, SANSAD MARG
         CONNAUGHT PLACE
         NEW DELHI - 110 001
    
    8.   NEW INDIAN EXPRESS,
         REGISTERED CORPORATE OFFICE
         EXPRESS GARDEN, 29, 2ND MAIN ROAD
         AMBATTUR INDUSTRIAL AREA
         CHENNAI - 600 058
         BENGALURU
         OFFICE NO.1, EXPRESS BUILDING
         QUEENS ROAD
         BENGALURU 560 001
         REP. BY ITS EDITOR.
    9.   FILMIBEAT (GREYNIUM INFORMATION
         TECHNOLOGIES PVT. LTD.),
         VRR LEGACY NO.2, 1ST MAIN
         4TH FLOOR, 1ST BLOCK
         KORAMANGALA
         JAKKASANDRA EXTENSION
         BENGALURU - 560 034.
    
    10. TV9 KANNADA,
        TV9 KARNATAKA PVT LTD
        13/1 RHENIUS STREET
        RICHMOND TOWN
        BENGALURU 560 025
    
    11. ZEE KANNADA NEWS,
        5TH FLOOR, THE LAND MARK BUIDLING
        NEXT TO TRINITY METRO STATION
        MG ROAD, YELLAPPA CHETTY LAYOUT
        BENGALURU 560 042
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    12. SRI. ASHOK KUMAR
    
                                            ...RESPONDENTS
    (BY SRI.VIVEK SUBBA REDDY .SENIOR COUNSEL FOR SRI
    DHANANJAY C.P., ADVOCATE FOR R-1 & R-2)
    
    
         THIS MFA IS FILED U/S 43 RULE 1(R) OF CPC, AGAINST
    THE ORDER DATED 02.06.2026 PASSED ON I.A.NO. I       IN
    OS.NO. 2151/2026     ON THE FILE OF THE XVII ADDITIONAL
    CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-16),
    DISMISSING THE I.A.NO. 1 FILED UNDER ORDER XXXIX RULE
    1 AND 2 READ WITH SECTION 94(d) AND SECTION 151 OF
    CPC.
    
        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
    JUDGMENT WAS DELIVERED THEREIN AS UNDER:
    CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
    
    
                            ORAL JUDGMENT

    This appeal is preferred by the appellants/plaintiffs

    challenging the order dated 2.6.2026 passed on I.A. No.1

    SPONSORED

    in O.S. No.2151/2026 by the XVII Addl. City Civil &

    Sessions Judge, Bengaluru.

    2. Respondent Nos.1 and 2 are on caveat, who are

    defendant Nos.1 and 2 before the trial Court. Since the

    application in question is concerned with respondent no. 1

    and 2, the others are not notified.

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    3. Parties to the proceedings shall be referred to as

    per their ranking before the trial Court, for the sake of

    brevity.

    4. Plaintiffs filed the suit against defendants for

    Permanent Injunction restraining the defendant Nos.1 and

    2, their representatives from in any manner producing,

    filming, editing, promoting, marketing, releasing,

    distributing, exhibiting, telecasting, streaming, selling,

    licensing, leasing or dealing with the movie titled “BOSS”.

    Alongwith with the plaint, an application came to be filed

    by the plaintiffs under Order XXXIX Rules 1 & 2 of CPC in

    I.A. No.1/2026 for grant of an ad-interim order of

    Temporary Injunction against defendant Nos.1 and 2.

    5. Initially, before issuance of notice, the trial Court

    by an order dated 27.3.2026 passed an interim order on

    I.A. No.1/2026 against defendant Nos.1 and 2, Producer

    and Director of the movie. Based on the said order,

    respondents were notified and an affidavit of compliance is
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    filed with regard to communicating the order to the

    defendants.

    6. Before the notices were served, defendant Nos.1

    and 2 moved an application for advancement by filing the

    written statement and adopting the same as statement of

    objections to the application – I.A. No.1 and sought to

    dispose of the application on merits. The matter was

    taken up and the application under Order – XXXIX Rules 1

    & 2 of CPC came to be dismissed by the learned trial Judge

    by the impugned order dated 2.6.2026. It is this order of

    dismissal of IA.No.1 which is called in question by the

    plaintiffs in this appeal.

    7. I have heard learned senior counsel – Sri M.S.

    Shyam Sundar appearing on behalf of learned counsel –

    Sri Pratham .N for appellants/plaintiffs as well as learned

    senior counsel – Sri Vivek Subba Reddy on behalf of

    learned counsel – Sri Dhananjay C.P. for respondent

    Nos.1 and 2.

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    8. It is the contention of learned senior counsel – Sri

    M.S. Shyam Sundar appearing on behalf of learned

    counsel – Sri Pratham N for appellants/plaintiffs that

    plaintiff no. 1 is one of the most celebrated and

    commercially successful actor and film producer in the

    South Indian film industry, specifically the Kannada film

    industry (Sandalwood). Over a career spanning more than

    two decades, he has delivered a string of blockbuster

    Kannada films, earning fans across the State of Karnataka

    and beyond. It is also contended by learned senior

    counsel that plaintiff no. 1 is universally known, addressed

    and identified by his distinctive fans as “challenging star

    Darshan”, “BOSS”, and “D-BOSS”. The last of which has

    become so uniquely and exclusively identified with him

    that the general public, the media, the Karnataka film

    industry, and the Courts themselves use it interchangeably

    with his name. The plaintiff No.2, who is the appellant

    No.2 herein is the wife of appellant No.1.
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    8.1 It is further contended that the plaintiff No.1 has

    over the span of several years of hard work and dedication

    in the film industry identified himself to be a superstar and

    his fans conferred upon him the title “BOSS” as a mark of

    reverence and the same has been consistently used in

    media publications, social media, fan clubs, public

    discourse etc. It is further contended that this distinctive

    persona and trade identity is a valuable property right as

    recognized by Courts across India.

    8.2 It is also contended that on 09.06.2024, Crime

    No.250/2024 was registered by the Kamakshipalya Police

    Station, Bengaluru against the plaintiff No.1 and others for

    the offences punishable under Sections 302 and 201 of the

    IPC, in connection with the alleged murder of one Sri

    Renukaswamy, a fan of plaintiff No.1.

    8.3 It is further contended that the prosecution has

    set in motion the FIR and pursuant to the investigation, a

    charge sheet is filed by alleging that Sri Renukaswamy had
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    allegedly sent obscene, offensive and objectionable

    messages to plaintiff no. 2 and upon the instigation of

    plaintiff no. 1, the said Renukaswamy was abducted,

    assaulted and killed and that his body was disposed of

    near a drainage in the area of Kamakshipalya, Bengaluru.

    It is further case of the prosecution that Sri Renukaswamy

    personally pleaded for his life stating words to the effect

    that he had a pregnant wife and aged parents at home,

    before he was killed.

    8.4 It is further contended that following the

    investigation based on the FIR, charge sheet was filed and

    the case has been now registered in SC No.1319/ 2024

    before the LVI Addl. City Civil & Sessions Judge, Bengaluru

    and the trial is currently at a nascent stage, with day to

    day hearing ongoing. It is further case of plaintiffs that

    plaintiff no. 1 is an under-trial prisoner. Since he has not

    been convicted yet and neither he has accepted his guilt,

    there is a presumption of innocence and the fundamental

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    right under Article 21 of the Constitution of India                             as
    
    

    recognised in a catena of decisions of the Hon’ble Supreme

    Court operatives fully in his favour.

    8.5 It is also contended by the learned counsel that

    from the very date of registration of a crime for the

    aforementioned offences against the plaintiff No.1 and

    others, the print media, television channels and

    social/digital media platforms have been engaged in what

    is described by the Courts as :

    “a calculated media-driven adjudication,
    fostering a parallel narrative and engendering
    prejudicial pre-trial publicity” – disseminating
    speculative narratives, selectively leaked charge
    sheet, material, and unverified allegations, thereby
    engineering public perception and impairing the
    plaintiffs right to a fair trial”

    8.6 This being the facts and circumstances of the

    case, the defendant Nos.1 and 2 directed and produced

    the Kannada feature film titled “BOSS” between

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    November-2024 and September-2025. The said movie is

    produced under the banner of Respondent No.1 – Siri

    Productions by Sri Tanush .S, who plays the lead role and

    directed by Respondent No.2 – Sri Lava V, which is totally

    based on the alleged incident involving the plaintiff Nos.1

    and 2, which is subjudice in S.C. No.1319/2024 before the

    LVI Addl. City Civil & Sessions Judge, Bengaluru.

    8.7 It is the contention of learned senior counsel that

    the teaser of the film bore in its very opening frame, the

    explicit declaration “inspired by true events”. Within

    hours of its release, the teaser was viewed by millions of

    persons and created an immediate and massive public

    association between the film and the ongoing criminal

    trial.

    8.8 Learned senior counsel contends that a plain

    viewing of the teaser – as acknowledged even in

    paragraph-10 of the impugned order of the trial Court

    reveals, minimum of 13 striking, deliberate and

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    unmistakable factual parallels to the prosecution’s case in

    S.C No.1319/2024, as tabulated below:

    Sl.No. Element in Film “BOSS” Corresponding Fact in
    (Teaser/Promotions/CBFC Sub-Judice Matter
    Plot Summary) (C.C.No.1319/2024/
    Crime No.0250/2024)

    1. Title of the film: “BOSS” Appellant No.1 is publicly,
    universally and exclusively
    known as “D Boss” /
    “Challenging Star Darshan”. He
    has acted in a blockbuster
    Kannada film itself. titled
    “Boss”. The moniker is his
    commercial identity.

    2. Protagonist/ lead Appellant No.1’s fans and the
    character repeatedly general public refer to him
    referred to as “Boss” by exclusively as “D Boss” or
    fans throughout the film “Boss” not as a generic title but
    as a unique identifier specific to
    him.

    3. Celebrity figure accused The deceased, Renukaswamy,
    of being involved in the was a fan of Appellant No.1,
    killing of a fan/follower who allegedly sent
    who sent obscene objectionable and obscene
    messages and calls to messages to Appellant No.2
    the protagonist’s (Vijayalakshmi Darshan), the
    wife/girlfriend wife of Appellant No.1. This is
    the precise foundation of Crime
    No. 0250/2024.

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    4.     Victim heard pleading in        Verbatim mirror of the victim
           the audio: "Don't kill me,      Renukaswamy's alleged last
           I have a pregnant wife at       words / dying declaration as
           home and aged parents"          specifically set out in the FIR
                                           and the charge sheet filed in
                                           Crime No. 0250/2024. No
                                           coincidence can account for this
                                           exact replication.
    
    

    5. The body of the victim is The body of Renukaswamy
    shown discovered next to was, as per the prosecution
    a drainage pipeline. case in Crime No.0250/2024,
    discovered near a drainage in
    Kamakshi Palya, Bengaluru.

    The replication is precise.

    6. Celebrity protagonist is Appellant No.1 was arrested by
    shown being arrested Kamakshipalya Police in June
    and subjected to police 2024 and has been in custody
    investigation since. He is currently facing
    day-to-day trial in C.C.
    No.1319/2024 before the LVI
    Additional City Civil and
    Sessions Judge, Bengaluru.

    7. Entire narrative, story, Crime No.0250/2024 and the
    and settings are trial in C.C. No.1319/2024 are
    Bengaluru-centric entirely situated in Bengaluru.

    The victim was found in
    Bengaluru; the accused resides
    in Bengaluru.

    8. The protagonist’s Appellant No.2’s full legal name
    wife/girlfriend is named is Vijayalakshmi Darshan –

                                       "Lakshmi"    is    the     direct,
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            "Lakshmi"                        unmistakable    reference     to
                                             Appellant No.2.
    
    9.      Explicit          opening        This is a direct and deliberate
            disclaimer in the very           link to the real-life events
            first frame of the teaser:       forming the subject matter of
            "Inspired     by     "True       the sub-judice criminal trial CC
    

    Events” No.1319/2024. The disclaimer
    operates as a confession of the
    film’s evidentiary foundation.

    10. Film carries two Reflects the real-life
    prominent female leads circumstances involving
    in the storyline Appellant No.2 (wife) and the
    women to whom obsence
    messages were sent- mirroring
    the factual matrix of the charge
    sheet.

    11. CBFC plot summary This is a calculated
    describes protagonist as misrepresentation by
    a “famous cricket player” Respondents No.1 & 2 to
    yet the teaser and all circumvent Section 5B of the
    promotional material cinematograph Act, 1952. The
    show a celebrity CBFC certified based on a false
    entertainer and no plot summary. The actual
    cricket connection is teaser bears no cricket content
    visible in the teaser whatsoever.

    12. Victim in the film is Real victim: Sri. Renukaswamy
    named “Shiva Swami” the name is superficially altered
    to evade identification while
    retaining the critical “Swami”

                                         suffix     maintaining        the
                                         unmistakable resonance.
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    13.     The crime scene in the The     actual   crime    scene:
    

    film is referred to as Kamakshi Palya, Bengaluru the
    “Palya” geographic reference is
    retained verbatim with only the
    qualifier “Kamakshi” dropped.

    8.9 Learned senior counsel further contends that the

    cumulative effect of these 13 parallels taken together with

    the “inspired by true events” opening declaration, is that

    the film constitutes a dramatic, cinematic re-enactment of

    the prosecution’s version of the Criminal Case in

    S.C.No.1319/2024, presented to mass audiences as based

    on truth, while the trial itself is still ongoing and no verdict

    has been rendered.

    8.10 It is also the contention of learned senior

    counsel that after release of the teaser, respondent no. 2

    (the Director, Sri Lava .V), who also claims to be a

    practicing advocate, conducted a press conference in

    which he made public admissions confirming that the film

    draws from real events involving the appellants.

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    8.11 In view of such events, the plaintiffs are

    constrained to file the suit seeking the following reliefs:

    “a) Granting perpetual prohibitor injunction
    restraining the Defendant No.1 and Defendant
    No.2, its producers, directors, Lava V, lead actor
    Tanush S, their representatives, associates,
    servants, agents, employees, men or anyone
    claiming through or under them, from in any
    manner producing, filming, editing, promoting,
    marketing, releasing, distributing, exhibiting,
    telecasting, streaming, selling, licensing, leasing,
    or dealing with the movie titled “BOSS” (or any
    other movie/film/web-series/ content by
    whatever name called) based on or depicts the
    life of the Plaintiffs, the incidents alleged in the
    criminal case pending in S.C.No.1319 of 2024
    before the LVI Additional City Civil and Sessions
    Judge, Bengaluru, or any elements directly or
    indirectly referring to or associating with the
    Plaintiffs’ private life, family, reputation, the sub-

    judice criminal proceedings or any other similar
    incidents, and from using the Plaintiffs’ name,
    image, likeness, personality rights, or any
    promotional material (posters, teasers, trailers,
    press meets, interviews, etc.) in any medium
    whatsoever.

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           b)       Declare      that            the       Certificate
    

    No.DIL/7/33/2026-BAN dated 17.03.2026 issued
    by Defendant No.3 (Central Board of Film
    Certification) in favour of the movie “BOSS” is
    illegal, arbitrary, malafide, null and void ab-initio
    and contrary to the provisions of Section 5B of
    the Cinematograph Act, 1952 and the
    fundamental rights of the Plaintiffs under Article
    21
    of the Constitution of India.

    c) Cancelling/revoking of the Certificate
    No.DIL/7/33/2026-BAN dated 17.03.2026 and
    directing Defendant No.3 (CBFC) to forthwith
    withdraw, cancel and recall the said certificate
    and not to permit any public exhibition, release,
    distribution, streaming or exhibition of the movie
    “Boss” in any form whatsoever.

    d. Directing Defendant No.3 (Central Board of
    Film Certification) to forthwith cease and desist
    from examining, processing or granting any
    further certification (or re-certification) to the
    movie titled “Boss” or any such movie/content
    as described in prayer (a) above and to refuse
    certification in exercise of powers. under Section
    5B
    of the Cinematograph Act, 1952 read with
    the Cinematograph (Certification) Rules, 2024.

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           e.     Granting    perpetual       prohibitory      injunction
    

    restraining the Defendants No.5 to 7 (Facebook,
    Instagram, Twitter/X, YouTube and their
    affiliates) from uploading, hosting, streaming,
    promoting, sharing, or in any manner allowing
    circulation of the teaser, trailer, press meet
    videos, posters, promotional interviews, or any
    other material related to the said movie “BOSS”
    that depicts or refers to the Plaintiffs’ life or the
    sub-judice criminal case, and directing them to
    immediately remove / block all such existing
    content from their platforms.

    f. Grant perpetual prohibitory injunction
    restraining the Defendant No.8 to 11 herein or
    anybody claiming under him/them from
    broadcasting/ telecasting/ transmitting/
    publishing/distributing/ sharing any material in
    permanent/transient/audio format in any print
    media/newspaper/television channels/local cable
    operated channels/internet/ website, uploading,
    hosting, streaming, promoting, sharing, or in
    any manner allowing circulation of the teaser,
    trailer, press meet videos, posters, promotional
    interviews, or any other material related to the
    said movie “BOSS” that depicts or refers to the
    Plaintiffs’ life or the sub-judice criminal case, and

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    directing them to immediately remove / block all
    such existing content from their platforms.

    g. Granting perpetual prohibitory injunction
    against the unknown Defendants (impleaded as
    Defendant No.12 Ashok Kumar) including but
    not limited to cinema halls, multiplexes,
    theatres, exhibitors, distributors, owners,
    managers, agents, servants, employees or any
    person(s) claiming through or under them, from
    in any manner exhibiting, screening, showing or
    permitting the public exhibition of the movie
    titled “BOSS” in any theatre, cinema hall,
    multiplex or public place whatsoever within the
    jurisdiction of this Hon’ble Court or throughout
    the territory of India, pending final adjudication
    or until further orders. From releasing,
    publishing, distributing, telecasting, streaming,
    selling, licensing, leasing, exhibiting, or dealing
    with the movie “BOSS” or its rights in any
    manner or in any medium whatsoever on behalf
    of or for the benefit of Defendant No.1 or any
    other person.

    h. Direct the Defendant No.1 and Defendant
    No.2 to pay to the Plaintiffs for violating the
    Plaintiffs right to privacy and personal liberty,
    infringement of his personality rights, mental

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    agony, trauma, distress caused to the Plaintiffs
    and their family members due to the
    unauthorized and sensational portrayal in
    promotional material of their movie “Boss”

    i. Award cost of the suit and all incidental costs
    to the Plaintiffs

    j. Grant such other reliefs as this Hon’ble Court
    may deem fit and proper in the facts and
    circumstances of the present case.”

    8.12 Alongwith the plaint, an application is filed

    under Order – XXXIX Rules 1 and 2 of CPC seeking the

    following reliefs:

    “That for the reasons sworn in the
    accompanying affidavit, the plaintiffs were in most
    respectfully prays before this Hon’ble Court to
    grant an order of Ex-parte ad-interim temporary
    injunction directing the Defendant No.1 and
    Defendant No.2, its producers, directors, the,
    there representatives, associates, servants,
    agents, employees, men or anyone claiming
    through or under them, from in any manner
    producing, filming, editing, promoting, marketing,
    releasing, distributing, exhibiting, telecasting,
    streaming, selling, licensing, leasing, or dealing

    – 21 –

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    with the movie titled “BOSS” (or any other movie
    /film/web-series / content by whatever name
    called) based on or depicts the life of the
    Plaintiffs, the incidents alleged in the criminal case
    pending in C.C. No.1319 of 2024 before the LVI
    Addl. City Civil and Sessions Judge, Bengaluru, or
    any elements directly or indirectly referring to or
    associating with the Plaintiffs’ private life, family,
    reputation, the sub-judice criminal proceedings or
    any other similar incidents, and from using the
    Plaintiffs’ name, image, likeness, Personality
    rights, or any promotional material (posters,
    teaser trailers, press meets, interviews, etc.) in
    any medium including theatres and/or
    Intermediary Streaming Platforms (OTT)
    whatsoever appointing a receiver for enforcement
    of the present order interest of Justice and
    Equity.”

    8.13 The trial Court initially had granted an ad-

    interim order of temporary injunction, but later on

    appearance of defendant No.1 & 2 by the impugned order

    dated 2.6.2026 dismissed the said application. Being

    aggrieved, the appellants/ plaintiffs are before this Court

    in the present appeal.

    – 22 –

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         9.       Learned    senior          counsel     appearing     for
    
    appellants/plaintiffs    vehemently          contends      that    the
    
    

    impugned order passed by the learned trial judge is

    perverse, illegal, arbitrary and the same is liable to be set

    aside for the reason that the trial Court held that the suit

    rested on “wild guessing/imaginations”, which is exfacie

    perverse.

    9.1 Learned counsel for appellants/plaintiffs contends

    that the present case is based on identical facts. The film

    “BOSS’, which bears an explicit name “Inspired by True

    Events’ declaration, uses the moniker “BOSS” which is

    synonymous with the plaintiff no. 1 and contains thirteen

    factual parallels to the ongoing trial. Therefore, learned

    counsel contends that the ratio in the Black Friday case

    squarely applies and requires the trial Court to grant the

    injunction.

    9.2 It is further contended that a colourable device

    designed to circumvent legal restrictions cannot be

    – 23 –

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    validated by superficial changes. Calling a protagonist a

    ‘cricketer’ on paper while retaining 13 precise factual

    parallels to the prosecution’s case cannot immunise the

    film. Learned senior counsel appearing for the appellants

    contends that it is the overall impression and the real

    events foundation that determines whether a trial relates

    to pending sub-judice proceedings. The trial Court has

    failed to apply this principle to unravel the truth. Having

    not done so, it amounts to perversity.

    9.3 It is also contended by the learned senior counsel

    that the trial Court has committed a grave constitutional

    error by treating the defendants’ right to cinematic

    expression under Article 19(1)(a) as effectively

    superseding the plaintiffs’ non-derograble right to a fair

    trial and right to privacy under Article 21 of the

    Constitution of India.

    9.4 Learned senior counsel contends that the film

    “BOSS” is based on the alleged incidents of prosecution

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    case against plaintiff No.1 in S.C. No.1319/2024. There is

    a substantial high risk and prejudice that is caused to the

    plaintiffs and other accused in the administration of justice

    in view of ongoing criminal trial in S.C. No.1319/2024.

    9.5 Learned Senior counsel further contends that a

    full-length feature film with an “Inspired by True Events”

    declaration is infinitely more prejudicial than a media

    report. As the film dramatises the prosecution case, it is

    manifestly contrary to the binding ratio laid down by the

    several judgements of the Hon’ble Apex Court.

    9.6 Learned senior counsel further contends that

    this dramatization of cinematic re-enactment in the film,

    “BOSS” seriously prejudices the case of the plaintiffs in the

    criminal trial and therefore it is in violation of the

    constitutional provisions to have a fair trial to the plaintiffs

    without there being any bias or influence and tarnishing

    the image of plaintiff No.1.

    – 25 –

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    9.7 Learned senior counsel further contends that if

    television broadcasts amount to ‘media-driven

    adjudication’ warranting mandatory regulatory action, the

    production and release of a commercially distributed

    feature film dramatising the prosecution’s case, is

    contemptuous of the pending criminal proceedings.

    9.8 Learned senior counsel also contends that the

    finding of the trial Court that when the defendant No.3 –

    Central Board of Film Certification (‘CBFC’ for short), a

    statutory authority issued a certificate for release of the

    movie in question, prima facie it can be construed that the

    authority has taken into account all the guidelines and that

    the Court cannot sit as a Super Censor Board, is erroneous

    and lacks proper reasoning.

    9.9 Learned senior counsel further contends that the

    question before the Court was not one of censorship, but

    one of whether the exhibition of the film would amount to

    contempt of Court and interference with the administration

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    of justice, a matter which is exclusively within the domain

    of the Courts, but not the CBFC.

    9.10 It is also the contention of learned senior

    counsel that a film which is explicitly declared as “inspired

    by true events”, replicating the prosecution’s version in an

    ongoing murder trial, manifestly falls within the prohibition

    of Section 5B of the Cinematograph Act, 1952. The CBFC’s

    failure to apply this provision renders the certificate void

    ab initio, which has been conveniently ignored by the

    learned trial judge, thereby causing grave miscarriage of

    justice.

    9.11 Learned senior counsel further contends that

    the film “BOSS” constitutes a direct violation of plaintiff

    No.1’s right to privacy under Article 21 of the Constitution

    of India. The trial Court has not taken into consideration

    the constitutional right of privacy provided to the plaintiffs

    and has erroneously come to a conclusion that the film

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    titled “Boss” as a generic term is used widely in the film

    industry and it cannot be held as a monopoly.

    9.12 Learned senior counsel further contends that

    producing a commercially distributed feature film “BOSS”

    without the consent of the plaintiffs, is violation of

    plaintiffs’ privacy and personal autonomy.

    9.13 It is further contended by learned Senior

    Counsel that the trial Court has committed perversity in

    coming to a conclusion that “in the event, the plaintiffs

    able to establish at trial, that the movie in question is

    based on plaintiff No.1 and the same would cause serious

    injury to the reputation of the plaintiffs, they can be

    suitably compensated”.

    9.14 It is also contended by the learned senior

    counsel that on the contrary, plaintiff no. 1 will

    compensate for the cost of the movie/film if an interim

    order of injunction is granted and the film is not released

    till the trial is concluded, as it would prejudice not only the

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    mind of the Court before which the criminal matter is

    pending, but also to the witnesses of the prosecution to

    paint a wrong image of the plaintiff No.1 as an offender.

    9.15 Learned senior counsel further contends that

    the very same Court which has now passed the impugned

    order by dismissing the application for Temporary

    Injunction, earlier found that the plaintiffs have made out

    a valid prima facie case and had granted an ad interim

    order of temporary injunction. Thus, the trial Court has

    taken a ‘U’ turn and found that no prima-facie case is

    made out and dismissed the application and the same is

    due to non-application of mind, which calls for interference

    in this appeal.

    9.16 Learned senior counsel further contends that

    several judgments placed before the trial Court were not

    properly appreciated and infact, the trial Court ought to

    have appreciated the said judgments and granted the

    interim order in favour of the plaintiff, which has not been

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    done.      Thereby, the trial Court has committed a serious
    
    

    error, illegality and perversity and not applied its mind in

    the proper prospective while passing the impugned order.

    9.17 On these grounds, learned senior counsel

    appearing for the appellants/plaintiffs seeks to set aside

    the impugned order and grant the order of Temporary

    Injunction in favour of the plaintiffs.

    9.18 In support of his contentions, learned senior

    counsel appearing for the appellants/plaintiffs has relied

    upon the following judgments:

    i) Judgment of the Bombay High Court in the case of
    Mushtaq Moosa Tarani Vs. Govt.of India and Ors.

    (2005 SCC OnLine Bom 385)

    ii) Judgment of the Karnataka High Court in the case
    of Sonakka Gopalagowda Shathaveri & Ors. vs.
    U.R.Anathamurthy and others
    {1987 SCC OnLine
    Kar 367}

    iii) Judgment of the Hon’ble Supreme Court in the
    case of Gujarat Bottling Co. Ltd and others Vs.
    Coca Cola and others
    {(1995) 5 SCC 545}

    – 30 –

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      iv)     Judgment of the Delhi High Court in the case of
    

    Naveen Jindal v.M/s Zee Media Corporation Ltd. &
    Anr. {AIR 2015 (NOC) 1281 (DEL)}

    v) Judgment of the Delhi High Court in the case of
    Vikhas Pahwa vs. Ashok Kumar (John Doe) & Ors
    in {CS (Comm) 38/2026}.

    vi) Judgment of the Karnataka High Court in the
    case of Uday Kumar vs. K.N.Vasanthappa (MFA
    No.231/2026 c/w MFA No.232/2026 decided on
    24th February 2026).

    vii) Judgment of the Hon’ble Supreme Court in the
    case of Sahara India Real Estate Corporation
    Limited and others vs. SEBI
    {(2012)10 SCC 603}

    10. Per contra, Sri Vivek Subba Reddy, learned

    senior counsel appearing on behalf of learned counsel – Sri

    Dhananjaya C.P. for caveator/respondent Nos. 1 and 2

    vehemently contends that the appeal filed by the

    appellants/plaintiffs is not maintainable and is liable to be

    dismissed for the reason that the appellants/plaintiffs have

    not demonstrated any jurisdictional error, perversity,

    misreading of evidence or violation of settled legal

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    principles.   Therefore,     he contends that the present
    
    

    appeal preferred by the plaintiffs challenging the impugned

    order is only to obtain a second opinion on facts already

    considered by the trial Court.

    10.1 It is further contended by learned senior

    counsel that defendant Nos.1 and 2 are Producer and

    Director of the film respectively and they are the only

    persons directly involved in the creation, production and

    exhibition of the film and therefore, the other parties to

    the appeal proceedings and the suit, are not proper and

    necessary parties. It is contended that the relief sought

    in the application is also only against defendant Nos.1

    and 2.

    10.2 It is contended that under the banner of ‘Siri

    Productions’, the defendant No.1 has directed a Kannada

    Movie namely “BOSS”, which is produced by Sri Tanush

    and that the said Producer has performed the lead role in

    the said movie. It is also contended that the said movie,

    – 32 –

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    “BOSS” is completed and on 4.3.2026, movie has been

    viewed by the Examining Committee and has come to the

    conclusion that the film is suitable for unrestricted public

    exhibition, with an endorsement to carry out the

    excisions/modifications in the film and accordingly, the

    same was modified and on 5.3.2026 defendant no.3/CBFC

    had issued letter bearing No.CA021612202500054.

    Defendant Nos.1 and 2 have obtained necessary certificate

    dated 17.3.2026 issued by defendant No.3/CBFC in favour

    of the movie “BOSS” under the provisions of the

    Cinematograph Act, 1952.

    10.3 It is further contended that the hero in the

    movie is a Cricketer by profession and the said hero is

    named as “Tanush” and the said hero plays for BCB

    Cricket Club. It is also contended that the said Tanush due

    to his cricketing skills is widely regarded as one of the

    greatest Cricketer and due to this, the fans conferred him

    the title as “BOSS” in the movie. It is also contended that

    the Tanush is also shown in the movie as a humble man

    – 33 –

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    and generous person, who believes in respecting everyone

    around him.

    10.4 Learned senior counsel further contends that

    the movie, “BOSS” is not yet released and the plaintiffs

    have filed a suit in O.S. No.2151/2026 on the wild

    guessing/imagination and have formed a self opinion that

    the movie, “BOSS” is filmed based on the events occurred

    in the Charge Sheet in S.C. No.1319/2024, which is

    absolutely false and therefore, the entire arguments

    advanced by learned senior counsel for the

    appellants/plaintiffs cannot be accepted and has to be

    rejected on this score itself.

    10.5 It is further contended by learned senior

    counsel that the movie, “BOSS” does not contain any

    name, photographs, family details, profession of plaintiff

    No.1 or any other particulars, which may lead to the

    disclosure of alleged similarities of incident which is

    subject matter of S.C. No.1319/2024 as alleged by the

    – 34 –

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    plaintiffs.            Therefore,   none     of   the     provisions    of
    
    

    Cinematography Act have been violated by defendant

    Nos.1 and 2 in any manner whatsoever. If at all any such

    violation was available, the same would have come to the

    light of the defendant No.3/CBFC for denying the

    certification in favour of the defendants 1 and 2. Having

    not found any such violations, the certification has been

    issued to the film by CBFC on 17.03.2026 under the

    Cinematograph Act and the relevant Rules. Therefore, he

    contends that this aspect with regard to violation has been

    examined by the statutory authority and the same has

    been found to be fit for public exhibition without any

    objectionable or unlawful content, and the certification

    process being a statutory, quasi-judicial exercise, Courts

    are expected to respect the expert opinion of the Board

    and not to interfere lightly with the certified film except in

    cases of clear violation of law or material injury to public

    interest.

    – 35 –

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    10.6 It is further contended that defendant No.4 is

    the Karnataka Film Chamber of Commerce (KFCC), which

    is an industry related association and does not have any

    role in production, certification or exhibition of the film and

    neither defendant No.1 nor defendant No.2 has entered

    into any business, transaction or title registration with

    defendant no. 4 in relation to the film. Therefore

    respondent no. 4/defendant No.4 is not necessary and

    proper party in the present proceedings.

    10.7 Learned senior counsel further contends that

    the film, “BOSS” was scheduled for theatrical release on

    24.04.2026, but the same has not been released yet in

    view of order of injunction granted by the trial Court

    initially. Thereby, in view of the delay in release of the

    film, defendant nos. 1 and 2 have incurred loss of more

    than one crore rupees.

    – 36 –

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    10.8 Learned senior counsel contends that there is a

    clear disclaimer at the initial portion of the movie, “BOSS”,

    which is as follows:

    “All characters, names, places and events
    depicted in this film are purely fictions. This
    film has absolutely no resemblance of the
    character to actual person, living or dead.
    Any similarity of the events herein depicted to
    the actual happening whether past or present
    is entirely coincidental, unintentional and is
    not to hurt any moral, religious or
    sentimental feelings of any community, caste,
    or person. We do not promote any of the
    situation seen this film”.

    10.9 It is further contended that there is absolutely

    no resemblance in the movie of any person’s life or events

    in any manner whatsoever, muchless the life of the

    plaintiff no.1. Despite the same, the defendants nos. 1 and

    2 have taken necessary precautionary measures in

    exhibiting a Disclaimer in the opening frame of the movie

    itself as the same is vital legal and regulatory tool used

    – 37 –

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    primarily     to   mitigate    liability   and   manage   audience
    
    expectations.
    
    
    

    10.10 Learned senior counsel contends that there is

    absolutely no question of invading any privacy, much less

    that of the plaintiffs. The Hon’ble Supreme Court in the

    case of Justice K.S. Puttaswamy (Retd.,) -vs- Union

    of India reported in (2017)10 SCC 1 clarified that public

    information and fictional expression cannot be equated

    with private data and cannot be restrained solely on

    grounds of privacy.

    10.11 Learned senior counsel also contends that the

    film is based on fiction and imagination and does not

    infringe on any person’s true life events. Therefore, it

    cannot be said that there is infringement of privacy of any

    public personality or a person’s privacy. Learned senior

    counsel also contends that in the entire movie, there is no

    mention of either the case number or the trial which is

    going on in S.C. No.1319/2024 against the plaintiffs It is

    – 38 –

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    further contended that by filing a suit and the present

    appeal, a movie which is an imagination & expression of

    art cannot be barred for exhibition merely on the ground

    that certain generalized similarities exist with the real

    world events.

    10.12 Learned senior counsel further contends that

    in the movie, there is absolutely no resemblance of either

    a true name, true life events of the plaintiff or any

    person. The Director of the movie has publicly stated that

    the film is completely fictional and does not portray any

    real life incident or person, and the protagonist of the film

    is portrayed as a cricketer engaged in social service, with

    no involvement in any crime, and the storyline of the film

    does not in any manner depict any incident connected to

    the plaintiffs, nor does it seek to defame or disparage

    them. The question of trying to put fetters to feathers of a

    flying bird is uncalled for, as freedom of Speech and

    expression is a fundamental right of every citizen of this

    Country.

    – 39 –

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    10.13 Learned senior counsel further contends that

    the movie, “BOSS” does not contain any name,

    photographs, family details, profession of the plaintiff No.

    1 or any other particulars, which would lead to the

    disclosure of alleged similarities of incident, which is a

    subject matter of S.C. No.1319/2024. Learned counsel

    also contends that defendant nos. 1 and 2 are Producer

    and Director of the movie respectively and they are

    entitled to practice their trade and profession. Accordingly,

    they have directed the movie, “BOSS” which is a creative

    fiction and a work of art and in exercise of the

    constitutional rights conferred by Article-19(1)(a) of the

    Constitution of India, they are at liberty to produce and

    publish the said movie in accordance with law without

    violating any of the procedures contemplated under the

    Cinematograph Act, 1952 and the censorship of the CBFC

    Board.

    10.14 Learned senior counsel also contends that

    Renukaswamy murder case involving actor – Darshan

    – 40 –

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    (plaintiff No.1) is in the public domain and widely reported

    in the electronic media, print media and social media and

    it is also true that this is presently subject matter of S.C.

    No.1319/2024, which remains in public eye and the same

    has been extensively covered, with details of the remand

    applications, police investigations and alleged evidence

    discussed widely.

    10.15 Learned senior counsel contends that the film,

    “BOSS” is a purely fictional work created solely for

    entertainment purposes. The protagonist of the film does

    not commit any murder, kidnap, grievous assault etc.,

    The protagonist also has no knowledge of any involvement

    or connection with the alleged kidnapping case, fatal

    assault. So also all characters, incidents, events,

    dialogues, situations portrayed in the film are entirely

    fictional and are the product of the writer’s imagination.

    They are not intended to depict or refer to any real

    person, living or dead, any actual event, or any pending

    judicial proceedings. Any resemblance to any person,

    – 41 –

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    event or case is purely coincidental and unintended. It is

    further contended that the film is not based on any real

    life incident and does not seek to portray, influence or

    comment upon any pending criminal or civil proceedings.

    Whereas, it is a pure work of fiction protected as an

    artistic and creative expression, intended solely for

    entertainment. Learned senior counsel further contends

    that the murder allegations against the plaintiff no. 1 in

    S.C. No. 1319/2024 are nowhere connected and in the film

    “BOSS”, there is absolutely no such allegation against the

    hero. The film “BOSS” does not portray or recreate any

    identifiable court trial, judicial proceedings relating to any

    real or pending case. Any courtroom or legal references, if

    any are purely fictional and are not intended to depict or

    represent any actual judicial proceedings.

    10.16 Learned senior counsel contends that in the

    police charge sheet of the plaintiff no. 1’s case which is

    before the trial Court, there are 17 accused persons,

    whereas the film “BOSS” does not contain 17 accused

    – 42 –

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    persons Further, the number of characters, their identities,

    their respective roles and sequence of events in the film

    are materially different and is in no way related to what

    the plaintiffs as alleged.

    10.17 Learned senior counsel also contends that the

    title of the movie, “BOSS” is a generic word and no

    exclusive copyright has been obtained not to be used in

    any film or a movie and as the word, “BOSS” is a generic

    word, there have been many movies made under this title

    in different languages. Therefore, the plaintiff cannot claim

    a right of the name in his favour.

    10.18 Learned senior counsel further contends that

    the present appeal is founded on assumptions, conjectures

    and surmises rather than on any concrete factual and legal

    basis and the plaintiffs have failed to specifically point out

    any scene, dialogue, poster or trailer that causes

    actionable defamation, infringement of personality rights

    – 43 –

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    or other legal injury or any privacy issues or violation of

    the privacy of the plaintiff.

    10.19 Learned senior counsel further contends that

    films and movies are a medium of expression protected

    under Article 19(1)(a). Of course, the same is subject to

    reasonable restrictions under Article 19(2) of the

    Constitution of India.

    10.20 Learned senior counsel further contends that

    once CBFC has given a certification for release of the film,

    Courts cannot and should not normally sit as a Super

    Censor Board as held by the Hon’ble Apex Court in the

    case of Bobby Art International -vs- Om Pal Sinh

    Hoon reported in (1996)4 SCC 1. It is also contended by

    learned Senior Counsel that once such certification has

    been issued by the CBFC, the court should restrain itself

    from granting any injunction order for the reason that

    the freedom of expression requires to be protected and

    also upheld.

    – 44 –

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    10.21 Learned senior counsel contends that in the

    case of Nachiketa Walhekar -vs- Central Board of

    Film Certification reported in (2018)15 SCC 1, the

    Hon’ble Supreme Court held that the creative freedom and

    work of art must be protected and the Courts should

    interfere only in cases involving a clear violation of law or

    injurious effect to public interest. Therefore, he contends

    that there is absolutely no violation of any of the Act or

    the Rules formulated by the Union of India or the State

    and the defendants have not violated or infringed any

    fundamental rights of privacy of the plaintiffs as such,

    muchless covering the incident in S.C. No. 1319/2024 as

    alleged by the plaintiffs.

    10.22 Learned senior counsel further contends that

    the plaintiff No.1 is an actor by profession, whereas, the

    protagonist Hero in the movie is a Cricketer by profession.

    It is also contended that the hero in the movie is finally

    shown to be elected as an M.L.A. of a particular assembly

    constituency. Therefore, the contents of the movie and

    – 45 –

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    the contents of the incident which is subject matter of S.C.

    No.1319/2024 are totally different. Therefore, the right to

    privacy of the plaintiffs would not be affected by virtue of

    release of the movie. Learned Senior counsel further

    contends that no doubt the Hon’ble Apex Court has held

    that right to fair trial is a fundamental right, but the

    Courts and the investigation agencies do not rely upon

    cinematographic films to render its decision or carry out

    any investigations.

    10.23 Learned senior counsel further contends that

    while considering an application for grant of injunction, the

    trial Court is required to see the requirements of prima

    facie case, balance of convenience and hardship that

    would be caused to the parties and should not conduct a

    mini trial on merits of the case to decide that application.

    It is for the plaintiffs to make out a good ground and

    cogent reason for grant of temporary injunction in such

    matters. The Courts are required to see which party is

    going to be affected and more hardship and irreparable

    – 46 –

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    loss would be caused to which party rather than on the

    reputation of the plaintiff.

    10.24 Learned senior counsel further contends that

    in the guise of filing the suit and in the guise of there

    being a criminal case against the plaintiffs and other

    accused and in the guise of the film, “BOSS” claimed to be

    the real story of the plaintiffs, the plaintiffs and their

    henchmen have threatened and targeted the defendants

    and their family members and associates through social

    media and sensationalizing reports. Therefore, there is a

    threat also to the lives of the defendant no. 1 and no. 2

    and their families from the hands of plaintiffs.

    10.25 It is also contended by learned Senior Counsel

    that in the event, the plaintiff No.1 is able to establish in

    the course of trial that the movie in question is based on

    his real life story and that the same would cause serious

    injury to the reputation of the plaintiffs and on being

    successful, the plaintiffs could be suitably compensated.

    – 47 –

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    But, the same cannot be done as against the defendant

    nos. 1 and 2 if the plaintiffs fail, as by then the defendants

    would have gone bankrupt and would have lost huge sum

    of money for non-release of the new movie, in case any

    order of injunction is granted. Therefore, learned Senior

    counsel contends that there is no merit in the submissions

    made by learned counsel for the appellants/plaintiffs as

    the movie “BOSS” is not a biopic of the plaintiff no.1,

    neither the hero in the movie is a film personality. There is

    no similarity whatsoever with the plaintiff no.1. Infact,

    there is a clear disclaimer at the initial portion of the

    movie “BOSS”. The storyline is different, may be some of

    the instances are taken from the public domain. But that

    by itself will not prevent the defendants 1 and 2 from

    publishing a movie based on public records and public

    domain.

    10.26 It is also contended by the learned senior

    counsel that all the events which are narrated by the

    plaintiffs are as it is available in the public domain. It is

    – 48 –

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    also contended that Plaintiff has not been duplicated in the

    movie. The hero in the movie has not been tainted as a

    bad person or having committed any crime. The story in a

    movie is totally fictional and the creation of art by the

    Director and Producer. Such work of art cannot be

    restrained by an order of injunction as the same would fall

    within fundamental right guaranteed under Article

    19(1)(a) of the Constitution of India.

    10.27 On these grounds, learned senior counsel

    appearing for respondent/defendant Nos.1 and 2 seeks to

    dismiss the appeal.

    10.28 In support of his contentions, learned senior

    counsel relied upon the following judgments:

    1. Judgment of the Hon’ble Supreme Court in the case
    of Nachiketa Walhekar Vs. Central Board of Film
    Certification and Another
    {(2018) 1 SCC 778}

    2. Judgment of the Hon’ble Supreme Court in the case
    of R.Rajagopal Alias R R Gopal and another Vs. State
    of T.N. and others {(1994) 6 SCC 632}

    – 49 –

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    3. Judgment of the Hon’ble Supreme Court in the case
    of Adarsh Co-operative Housing Society Limited
    Vs.Union of India and others {(2018) 17 SCC 516}

    4. Judgment of the Delhi High Court in the case of
    Mohammed Javed Vs. Union of India and Others
    {W.P.(c) 11876/2025, CM Appeal 48480/2025 & CM
    Appeal 48481/2025 decided on 7.8.2025}

    5. Judgment of the Delhi High Court in the case of
    Jaikishan Kakubhai Saraf Vs. Peppy Store and others
    {(2024) 2 High Court Cases (Del) 253}

    6. Judgment of the Punjab & Haryana High Court in the
    case of T-Series (also known as Super Cassettes
    Industries Private Limited) and Another Vs.
    Dreamline Reality Movies and Others { 2024 SCC
    OnLine P&H 661}

    7. Judgment of the Delhi High Court in the case of
    Digital Collectibles PTE LTD and Others Vs. Galactus
    Funware Technology Private Limited and Another

    {CS (COMM) 108/2023 dated 26th April 2023}

    8. Judgment of the Delhi High Court in the case of
    Krishna Kishore Singh Vs. Sarla A Saraogi & Others
    {2021 SCC OnLine Del 3146}

    – 50 –

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    11. Having heard learned senior counsel appearing

    for appellants and learned senior counsel appearing for

    respondents, the points that would arise for consideration

    in this appeal are:

    “i) Whether there is any perversity or
    illegality in the impugned order passed by
    the trial Court?

    ii) Whether the impugned order passed by
    the trial Court calls for interference and if
    so, what order?”

    12. The three essential ingredients to be seen by

    the Court while considering the application for Temporary

    Injunction under Order XXXIX Rules 1 and 2 of the Code of

    Civil Procedure are prima facie case; balance of

    convenience; and hardship that would be caused more to

    the aggrieved party. The burden is on the plaintiff by

    evidence aliunde by affidavit or otherwise that there is “a

    prima facie case” in his favour which needs adjudication at

    the trial. Satisfaction that there is a prima facie case by

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    itself is not sufficient to grant injunction. The Court further

    has to satisfy that non-interference by the Court would

    result in “irreparable injury” to the party seeking relief and

    that there is no other remedy available to the party except

    one to grant injunction. Irreparable injury, however, does

    not mean that there must be no physical possibility of

    repairing the injury, but means only that the injury must

    be a material one, namely one that cannot be adequately

    compensated by way of damages. The third condition also

    is that “the balance of convenience” must be in favour of

    granting injunction. The Court while granting or refusing to

    grant injunction should exercise sound judicial discretion

    to find the amount of substantial mischief or injury which

    is likely to be caused to the parties, if the injunction is

    refused and compare it with that which is likely to be

    caused to the other side if the injunction is granted. Thus

    the Court has to exercise its sound judicial discretion in

    granting or refusing the relief of ad interim injunction

    pending the suit.

    – 52 –

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    13. In the backdrop of the facts of the case, the

    contentions of the learned Senior counsel from both sides

    and the judgments relied, this Court will have to consider

    the above three points.

    14. In the present case on hand, the plaintiffs are

    aggrieved on the basis of teaser of the movie ‘BOSS’ being

    identical and similar to the life story of plaintiff No.1 and

    that it is taken out deliberately from the crime that

    plaintiff No.1 is alleged to have committed, where he is

    currently under trial prisoner in S.C.No.1319/2024. It is

    not in dispute that the name of the movie is ‘BOSS’. It is

    also not in dispute that in the movie, the hero is a

    celebrity and there are minor similarities to the criminal

    case that is ongoing, in which plaintiff No.1 is accused

    No.2. But the question is whether merely for the reason of

    certain similarities and there being certain identical

    circumstances, the freedom of speech and expression as

    provided under fundamental right under Article 19 (1) can

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    be curtailed to fetter the wings of an artist, who wants to

    portray a creation and imagination of a piece of art and a

    movie, which is based on fiction may be with few

    similarities of the present ongoing criminal case, taken out

    from the public domain where plaintiff No.1 is involved?

    15. It is no doubt true that the plaintiffs certainly

    have the right to protect their personal life and liberty and

    it is also true that Article 19(1)(a), which guarantees the

    right to freedom of speech and expression would be

    subject to reasonable restrictions. Nevertheless, all these

    aspects that are canvassed cannot be seen in an isolated

    manner of individual points of violation or breach with

    regard to personal liberty, the movie having certain

    similarities, the criminal matter being sub-judice and so

    also with regard to the personal damage or injury that

    would be caused to the plaintiffs.

    16. It is apparently seen that the movie is not a life

    story of plaintiff No.1. The whole movie is not absolutely

    – 54 –

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    what plaintiff No.1 is implicated in the criminal trial, where

    he is an under trial prisoner. But there are certain

    similarities of the incident that has taken place in criminal

    case in S.C.No.1319/2024 based on the information taken

    from public domain. It is a fact that the Central Board of

    Film Certification has issued Certification, which is the

    Censor Board and Statutory Authority to certify if the

    movie can be released and if there are any fetters to be

    imposed or any scenes to be cut from the movie for public

    viewing. It is also a fact that the CBFC has issued a

    certificate by giving a clean chit, however, by imposing

    certain conditions for removal of few things and causing

    disclaimers while displaying the movie. Therefore, once

    the Statutory Authority, which is an expert body, after

    evaluation has issued certification for release and

    screening of the movie, then in my humble opinion, the

    Court should not sit as a Super Censor Board over the

    expert body, which has evaluated the movie after proper

    verification and after putting certain restrictions.

    – 55 –

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    17. It is also seen that pursuant to plaintiff No.1

    implicated in the criminal case, the press and electronic

    media have been reporting the case based on Court

    hearings and may be based on the investigation on a daily

    basis. Therefore, lot of materials with regard to plaintiff

    No.1’s criminal case are in the public domain. Therefore,

    the materials in the movie are taken out from the public

    domain. When such being the case, it cannot be said that

    there is any infringement of the constitutional right of

    privacy of the plaintiffs being infringed.

    18. It is no doubt true that the criminal trial is

    under progress. The matter has reached the Hon’ble Apex

    Court for grant of certain reliefs, for bail and etc. The

    Hon’ble Apex Court has passed an order directing the trial

    Court to dispose of the matter expeditiously and the same

    is under progress. Merely for the reason that the matter is

    sub-judice in the Courts, it does not mean that the movie

    should not be released as it may affect the personal liberty

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    of the plaintiffs as claimed. It is to be seen that Article

    19(1)(a) is a fundamental right of freedom of speech and

    expression of a person to demonstrate a creation,

    imagination and conceptualisation of peace of art and

    movie based on fiction and even if there is certain

    similarities, the freedom of speech and expression as

    provided under Article 19(1) cannot be curtailed unless it

    violates and breaches the requirement of Article 19 (2)

    i.e., the imposition of reasonable restriction in such an

    expression of art. At this stage, this Court is inclined to

    observe that merely because a movie is released

    depicting few instances, which may be similar to the

    ongoing trial, it cannot be said that the Courts dealing with

    such criminal trial would be influenced or swayed away by

    such depiction of art or similarities in the movie to decide

    the merits of the criminal trial. It is needless to mention

    that when the Courts are well equipped and has the

    wisdom to decide the matter on its legalities, not to

    mention on the basis of materials placed on record, both

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    oral and documentary and on the basis of the statements

    of the witnesses and other host of things which are bound

    by the limitations of law and legal precedents, but

    certainly not the depiction made in a movie, which may be

    having certain similarities or identicalities.

    19. It is also relevant to see that making of a movie

    is not as simple as it is to watch a movie. It involves lot of

    thinking. The expression of an artist’s mind, creative mind,

    innovative thinking of a director, the huge expenses that

    would be incurred in making of the movie. So there is lot

    of financial investments in making of a movie and stopping

    or curtailing the release of the movie would have severe

    financial implications, loss and consequences. No doubt, it

    is true the Court has to weigh as to which of the parties

    would be incurring more hardship and inconvenience and

    loss while deciding the application for either grant or

    rejection of temporary injunction, apart from prima facie

    case and the balance of convenience.

    – 58 –

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    20. It is relevant to see what is the scope of the

    appellate Court while considering the application under

    Order XXXIX Rules 1 and 2 either for grant or rejection of

    the relief. In the case of Wander Ltd. -vs- Antox India

    P. Ltd reported in 1990 Supp SCC 727, the Hon’ble

    Supreme Court has held the emphasis is more as to see

    whether there is any perversity in the order by the trial

    Court than a mere error of fact or law in the order of

    granting injunction. It is also relevant to see that the basis

    of substituting a view of the trial Court should be

    malafides, capriciousness, arbitrariness or perversity. It

    is also relevant to understand this Court will have to see

    whether the discretionary order granted by the trial Court

    calls for any interference on the ground of perversity.

    Even if this Court were to come to a conclusion that there

    could be some other conclusion that could have been

    arrived at by this Court, the same cannot be replaced with

    a discretionary powers exercised by the trial Court.

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    21. In the case of Ramakant Ambalal Choksi v.

    Harish Ambalal Choksi reported in (2024) 11 SCC 351

    by relying upon the judgment in the case of Wander Ltd.

    v. Antox India P. Ltd., the Hon’ble Apex Court has once

    again reiterated the principles governing grant of

    temporary injunction. Paragraph No.34 would be relevant

    and the same is extracted as under:

    “34. The burden is on the plaintiff, by
    evidence aliunde by affidavit or otherwise, to prove
    that there is “a prima facie case” in his favour
    which needs adjudication at the trial. The existence
    of the prima facie right and infraction of the
    enjoyment of his property or the right is a condition
    precedent for the grant of temporary injunction.
    Prima facie case is not to be confused with prima
    facie title which has to be established on evidence
    at the trial. Only prima facie case is a substantial
    question raised, bona fide, which needs
    investigation and a decision on merits. Satisfaction
    that there is a prima facie case by itself is not
    sufficient to grant injunction. The Court further has
    to satisfy that non- interference by the court would
    result in “irreparable injury” to the party seeking

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    relief and that there is no other remedy available to
    the party except one to grant injunction and he
    needs protection from the consequences of
    apprehended injury or dispossession. Irreparable
    injury, however, does not mean that there must be
    no physical possibility of repairing the injury, but
    means only that the injury must be a material one,
    namely one that cannot be adequately
    compensated by way of damages. The third
    condition also is that “the balance of convenience”

    must be in favour of granting injunction. The Court
    while granting or refusing to grant injunction should
    exercise sound judicial discretion to find the
    amount of substantial mischief or injury which is
    likely to be caused to the parties, if the injunction is
    refused and compare it with that which is likely to
    be caused to the other side if the injunction is
    granted. If on weighing competing possibilities or
    probabilities of likelihood of injury and if the Court
    considers that pending the suit, the subject matter
    should be maintained in status quo, an injunction
    would be issued. Thus, the Court has to exercise its
    sound judicial discretion in granting or refusing the
    relief of ad interim injunction pending the suit.
    (See: Dalpat Kumar v. Prahlad Singh reported in
    (1992) 1 SCC 719.)”

    – 61 –

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    22. In the case of Dalpat Kumar and anr. v.

    Prahlad Singh and ors. reported in (1992) 1 SCC 719,

    the Hon’ble Apex Court has laid down the principles of for

    grant and non-grant of injunctions and the considerations

    to be made therein. Paragraph No.5 would be relevant and

    the same is extracted hereunder:

    “5. Therefore, the burden is on the plaintiff
    by evidence aliunde by affidavit or otherwise that
    there is “a prima facie case” in his favour which
    needs adjudication at the trial. The existence of the
    prima facie right and infraction of the enjoyment of
    his property or the right is a condition for the grant
    of temporary injunction. Prima facie case is not to
    be confused with prima facie title which has to be
    established, on evidence at the trial. Only prima
    facie case is a substantial question raised, bona
    fide, which needs investigation and a decision on
    merits. Satisfaction that there is a prima facie case
    by itself is not sufficient to grant injunction. The
    Court further has to satisfy that non-interference by
    the Court would result in “irreparable injury” to the
    party seeking relief and that there is no other
    remedy available to the party except one to grant
    injunction and he needs protection from the

    – 62 –

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         consequences        of      apprehended             injury   or
    

    dispossession. Irreparable injury, however, does
    not mean that there must be no physical possibility
    of repairing the injury, but means only that the
    injury must be a material one, namely one that
    cannot be adequately compensated by way of
    damages. The third condition also is that “the
    balance of convenience” must be in favour of
    granting injunction. The Court while granting or
    refusing to grant injunction should exercise sound
    judicial discretion to find the amount of substantial
    mischief or injury which is likely to be caused to the
    parties, if the injunction is refused and compare it
    with that which is likely to be caused to the other
    side if the injunction is granted. If on weighing
    competing possibilities or probabilities of likelihood
    of injury and if the Court considers that pending the
    suit, the subject matter should be maintained in
    status quo, an injunction would be issued. Thus the
    Court has to exercise its sound judicial discretion in
    granting or refusing the relief of ad interim
    injunction pending the suit.”

    23. The Hon’ble Apex Court in the very same

    judgment held “the phrases ‘prima facie’, ‘balance of

    convenience’ and ‘irreparable loss’ are not rhetoric phrases

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    for incantation, but words of width and elasticity, to meet

    myriad situations presented by men’s ingenuity in given

    facts and circumstances, but always is hedged with sound

    exercise of judicial discretion to meet the ends of justice.

    24. It is also to be seen whether the order of the

    trial Court is perverse. Any order made in conscious

    violation of a pleading or law would be a perverse order.

    The Hon’ble Apex Court in the case of Nachiketa

    Walhekar -vs- Central Board of Film Certification and

    another reported in (2018)1 SCC 778 while dealing with a

    similar situation of a film or a drama or a novel or a book

    is a creation of art, held at paragraphs 4 to 7 as under:

    “4. The thrust of the matter is whether this
    Court should entertain the writ petition and pass an
    order of injunction directing CBFC to delete the clip
    and further not to get the movie released in
    theatres on 17-11-2017. It is worthy to mention
    that freedom of speech and expression is
    sacrosanct and the said right should not be
    ordinarily interfered with. That apart, when
    Respondent 1, CBFC, has granted the certificate

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    and only something with regard to the petitioner,
    which was shown in the media, is being reflected in
    the film, this Court should restrain itself in not
    entertaining the writ petition or granting injunction.

    5. Be it noted, a film or a drama or a novel
    or a book is a creation of art. An artist has his own
    freedom to express himself in a manner which is
    not prohibited in law and such prohibitions are not
    read by implication to crucify the rights of the
    expressive mind. The human history records that
    there are many authors who express their thoughts
    according to the choice of their words, phrases,
    expressions and also create characters who may
    look absolutely different than an ordinary man
    would conceive of. A thought-provoking film should
    never mean that it has to be didactic or in any way
    puritanical. It can be expressive and provoking the
    conscious or the subconscious thoughts of the
    viewer. If there has to be any limitation, that has to
    be as per the prescription in law.

    6. The courts are to be extremely slow to
    pass any kind of restraint order in such a situation
    and should allow the respect that a creative man
    enjoys in writing a drama, a play, a playlet, a book
    on philosophy, or any kind of thought that is
    expressed on the celluloid or theatre, etc.

    – 65 –

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                  7.   Needless          to         emphasise,       the
         apprehension        of   the         petitioner      that   this
    

    documentary would be used as evidence during the
    trial is not to be commented upon as that would be
    for the trial court to adjudge under the Evidence
    Act
    and we are sure, the trial court should exercise
    its jurisdiction in accordance with law.”

    25. In the case of R. Rajagopal @ R.R. Gopal and

    another -vs- State of T.N. and others reported in

    (1994)6 SCC 632, the Hon’ble Supreme Court held at

    paragraphs 26 and 29 as under:

    “26. We may now summarise the broad principles
    flowing from the above discussion:

    (1) The right to privacy is implicit in the right to
    life and liberty guaranteed to the citizens of this
    country by Article 21. It is a “right to be let
    alone”. A citizen has a right to safeguard the
    privacy of his own, his family, marriage,
    procreation, motherhood, child-bearing and
    education among other matters. None can publish
    anything concerning the above matters without
    his consent — whether truthful or otherwise and
    whether laudatory or critical. If he does so, he

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    would be violating the right to privacy of the
    person concerned and would be liable in an action
    for damages. Position may, however, be different,
    if a person voluntarily thrusts himself into
    controversy or voluntarily invites or raises a
    controversy.

    (2) The rule aforesaid is subject to the exception,
    that any publication concerning the aforesaid
    aspects becomes unobjectionable if such
    publication is based upon public records including
    court records. This is for the reason that once a
    matter becomes a matter of public record, the
    right to privacy no longer subsists and it becomes
    a legitimate subject for comment by press and
    media among others. We are, however, of the
    opinion that in the interests of decency [Article
    19(2)]
    an exception must be carved out to this
    rule, viz., a female who is the victim of a sexual
    assault, kidnap, abduction or a like offence should
    not further be subjected to the indignity of her
    name and the incident being publicised in
    press/media.

    (3) There is yet another exception to the rule in
    (1) above — indeed, this is not an exception but
    an independent rule. In the case of public officials,
    it is obvious, right to privacy, or for that matter,

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    the remedy of action for damages is simply not
    available with respect to their acts and conduct
    relevant to the discharge of their official duties.

    This is so even where the publication is based
    upon facts and statements which are not true,
    unless the official establishes that the publication
    was made (by the defendant) with reckless
    disregard for truth. In such a case, it would be
    enough for the defendant (member of the press or
    media) to prove that he acted after a reasonable
    verification of the facts; it is not necessary for him
    to prove that what he has written is true. Of
    course, where the publication is proved to be false
    and actuated by malice or personal animosity, the
    defendant would have no defence and would be
    liable for damages. It is equally obvious that in
    matters not relevant to the discharge of his
    duties, the public official enjoys the same
    protection as any other citizen, as explained in (1)
    and (2) above. It needs no reiteration that
    judiciary, which is protected by the power to
    punish for contempt of court and Parliament and
    legislatures protected as their privileges are by
    Articles 105 and 104 respectively of the
    Constitution of India, represent exceptions to this
    rule.

    – 68 –

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    (4) So far as the Government, local authority and
    other organs and institutions exercising
    governmental power are concerned, they cannot
    maintain a suit for damages for defaming them.

    (5) Rules 3 and 4 do not, however, mean that
    Official Secrets Act, 1923, or any similar
    enactment or provision having the force of law
    does not bind the press or media.

    (6) There is no law empowering the State or its
    officials to prohibit, or to impose a prior restraint
    upon the press/media.

    29. Applying the above principles, it must be
    held that the petitioners have a right to publish,
    what they allege to be the life story/autobiography
    of Auto Shankar insofar as it appears from the
    public records, even without his consent or
    authorisation. But if they go beyond that and
    publish his life story, they may be invading his right
    to privacy and will be liable for the consequences in
    accordance with law. Similarly, the State or its
    officials cannot prevent or restrain the said
    publication. The remedy of the affected public
    officials/public figures, if any, is after the
    publication, as explained hereinabove.”

    – 69 –

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    26. In the case of Adarsh Cooperative Housing

    Society Limited -vs- Union of India and others

    reported in (2018)17 SCC 516, the Hon’ble Supreme Court

    held at paragraphs 15, 17 and 18 as under:

    “15. At this juncture, we may also state that
    the doctrine of sub judice may not be elevated to
    such an extent that some kind of reference or
    allusion to a member of a society would warrant
    the negation of the right to freedom of speech and
    expression which is an extremely cherished right
    enshrined under the Constitution. The moment the
    right to freedom of speech and expression is
    atrophied, not only the right but also the person
    having the right gets into a semi-coma. We may
    hasten to add that the said right is not absolute
    but any restriction imposed thereon has to be
    extremely narrow and within reasonable
    parameters. In the case at hand, we are obligated
    to think that the grant of certificate by the CBFC,
    after consulting with the authorities of the Army,
    should dispel any apprehension of the members of
    the Society.

    17. The nature of the present matter
    compels us to recapitulate that the human history
    is replete with struggles to get freedom, be it

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    physical or mental or spiritual. The creativity of a
    person impels him not to be tied down or chained
    to the established ideals or get enslaved to the
    past virtues and choose to walk on the trodden
    path. He aspires to rejoice with the new ideas and
    exerts himself to achieve the complete fruition.
    That is the determination for moving from being to
    becoming, from existence to belonging and from
    ordinary assumption to sublime conception. The
    creative intelligence kicks his thinking process to
    live without a fixed target but toying with many a
    target.

    18. We would be failing in our duty if we do
    not note the last plank of submission of Mr Hegde.
    He would suggest that this Court may direct the
    producer and director of the film to add a
    disclaimer so that no member of the Society would
    ultimately be affected by the film. The aforesaid
    submission on a first blush may seem quite
    attractive but on a slightly further scrutiny, if we
    allow ourselves to say so, has to melt into oblivion.
    Whether there is the necessity of “disclaimer” or
    not has to be decided by the Censor Board which is
    the statutory authority that grants the certificate.
    In fact, when a disclaimer is sought to be added,
    the principle of natural justice is also attracted. To

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    elaborate, the producer or director is to be
    afforded an opportunity of hearing. The Court
    should not add any disclaimer for the asking.
    Addition of a disclaimer is a different concept
    altogether. It is within the domain of the authority
    to grant certificate and to ask the director to add a
    disclaimer in the beginning of the movie to avoid
    any kind of infraction of guidelines. Though the
    suggestion is made in right earnest by Mr. Sanjay
    Hegde, yet we are impelled not to accept the
    same.”

    27. It is seen that Central Board of Film

    Certification (CBFC) has already given a certification with

    regard to film, ‘BOSS’ and there have been certain

    disclaimers which have been made out in the film just

    before the main movie starts in accordance to the

    guidelines issued by the CBFC. The contention of learned

    senior counsel – Sri Vivek Subba Reddy appearing for

    respondents is placed on record that the disclaimer is

    made and would be properly displayed before the film is

    shown as to the same being not based on true life events.

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    28. In view of the aforesaid discussion and having

    gone through the impugned order and the erudite

    arguments of learned senior counsels appearing for

    appellants and respondents, this Court is of the opinion

    that there is no perversity, illegality or arbitrariness in the

    impugned order passed by the trial Court. The reasons

    assigned and the conclusion arrived at by the trial Court

    are just and proper and the appellants have not made out

    any good ground to interfere with the well-reasoned order

    passed by the trial Court. Therefore, the points formulated

    are answered accordingly.

    29. Accordingly, I pass the following:

    ORDER

    (i) This appeal stands dismissed.

    (ii) This Court has not expressed any opinion on

    the merits of the matter.

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    (iii) Observations made herein are only restricted

    to the application under Order-XXXIX Rules –

    1 and 2 of CPC.

    (iv) In view of dismissal of the appeal, pending

    interlocutory application, if any would not

    survive for consideration and the same pales

    into insignificance.

    Sd/-

    (PRADEEP SINGH YERUR)
    JUDGE

    GSS/VM
    List No.: 1 Sl No.: 18



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